Research On Legal Question Of Farmland Transference To Construction Land

With the development of social economy and the establishment of the market economy system,the farmland transference to construction land and the subsequent circulation has become the universal phenomenon of the rural land market,and the contradictions it caused have also become a national problem.Considering the policy of national grain security and social welfare,the process of farmland transference to non-agricultural land is moving forward hardly all the time in the struggle with cultivated land protection,open and secret,the law restriction also makes collective construction land secondary market towards fragmentation to develop,it can't be in the same dimension that the state-owned construction land right of use can free transference in the primary market.Along with the advancement of industrialization and urbanization,Especially the rise of township(town)and village enterprise and other factors,such as real estate development,the collective construction land demand become more and more big,the demand of collective construction land is getting bigger and bigger,the farmland transference will continue for a long period of time.On the one hand,it's difficult to make breakthrough progress for the traditional small-scale peasant economy,because it has reach the peak at the technical level,farmers began to set up village and town enterprises to increase income,on the other hand,the huge profit gap between the the industrial land and the agricultural land,so it brings the reverse incentive to farmland transference.The industrialization and urbanization creates the opportunity and challenge to the first and subsequent circulation of collective construction land use right.But,the legal restrictions of farmland transference to collective construction land and the subsequent circulation has fall behind social development,combined with the conflict of legislation,the fuzzy value orientation,the citizens' weak viewpoint of the rule of law and other factors such as the administrative control defects of land use planning.The behavior of collective construction land use right circulation have sparked chaos of violating laws and rules and avoidingpolicies.but the dispute on above-mentioned chaos can't be solved in the wandering between the administrative organs and judicial organs.Although,in order to adapt to the needs of social development,different areas of china have set the legislative precedent of allowing collective construction land circulation in the form of local government regulation,but it is impossible to solve the problem fundamentally because of its effectiveness level is low,its scope of application is limited,it also lack of internal consistency and coordination among the regulation.Therefore,both of how to make sure the farmland transference to collective construction land and the subsequent circulation in a zone of order and realize the high quality of urbanization and industrialization in economic development,are the social problems that need to be solved urgently.The contradiction between maintaining the dynamic balance of total cultivated land and the growing market demand for the collective construction land,is the inevitable dilemma we must face during the period of improving current Chinese land system.It is not only related to the supply of total farmland in China,the stability of rural order and its future development,but also can affect the choice of China's overall social development model that paying attention to this problem and studying it.This article tries to starting the analysis with a existing judicial case to analyze the system of our collective construction land use right circulation deeply,and points out the related legal problems and their causes of farmland transference to collective construction land and the subsequent circulation.Based on the reality of our country,on the basis of combining with relevant theory and the practice experience and combining with adjacent disciplines,the article puts forward some suggestions on legislation reform and system improvement to meet the practical needs.On this basis,the article puts forward countermeasures from the perspective of the legal system construction of collective construction land circulation market and the reconstruction of land use planning control model which takes the changing of control model as the main content,in order to offer help to solve the related social problems in China and the perfection of legal system.